Terms and Conditions & Privacy Policy

Terms and Conditions
Privacy Policy

Terms and Conditions

Last Updated: August 2019

Version: 1.0

The following are the terms of use ("Terms") under which you may use the itsfondo.com ("Site"). Please also read our Privacy Policy, which follows these Terms.

You acknowledge and agree that, by accessing or using the Site, you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the Site. If you do not agree to these terms, then you have no right to access or use the Site.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. The terms "you" and "your" as used herein refer to all individuals and/or entities accessing this Site for any reason.

Fondo, Inc. ("Fondo") may revise these terms and conditions at any time by updating these Terms as they are displayed on this Site. We are not required to contact you prior to making any change to these Terms; therefore, we encourage you to visit this page frequently so you are aware of any changes.

Use of Fondo and the Site Content

Fondo authorizes you to view and access the Site solely for your personal, non-commercial use. You shall not copy or adapt the underlying HTML code that with respect to any portion of the Site or the content appearing therein.

The contents of this Site, including all text, images, graphics, logos, video, audio, links, button icons, software and other content (collectively, "Site Content"), are protected under both United States and international copyright, trademark, patent, trade secret and other intellectual property laws.

All Site Content is the sole and exclusive property of Fondo, its content suppliers or clients. The compilation (meaning the selection, collection, arrangement and assembly) of all content on this Site is the exclusive property of Fondo and is also protected by applicable intellectual property laws. Unauthorized copying or use of the Site Content (including its use on any other website) may violate intellectual property rights and/or other laws. You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Site Content.

You are prohibited from using the Site in violation of any applicable foreign, domestic, federal or state laws, rules or regulations or in a manner that that will infringe Fondo’s or any third party's intellectual property rights or otherwise violate the privacy, publicity or other personal rights of others. The use of defamatory, threatening, hateful, obscene, or abusive language, images or postings on the Fondo Sites are strictly prohibited.

Permitted Uses

Fondo may be used only for lawful purposes by individuals seeking to use the Fondo service ("Service"), as described on this Site. Fondo specifically prohibits any other use of the Site. By using the Site you agree not to take any of the following actions:

  1. using any device, software or routine to interfere or attempt to interfere with the proper working of any Fondo Site or any activity being conducted on the Site;
  2. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, customized browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and software available from Fondo on the Site and other than generally available third party web browsers such as Google Chrome is strictly prohibited;
  3. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site;
  4. taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure, including, without limitation, denial of service attacks; and
  5. aggregating, copying or duplicating in any manner any of the Site Content or information available from the Site.
User Information

When you register for the Site, you will be asked to provide Fondo with certain information including, without limitation, a valid email address. Additionally, if you elect to use the Service, you will be required to open an account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Fondo immediately of any unauthorized use of your account or any other breach of security. Fondo will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fondo or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You are responsible for maintaining the confidentiality of your password and login. Fondo reserves the right, in its sole discretion, to terminate your access to the Site with or without notice.

In addition to the terms and conditions that may be set forth in Fondo’s Privacy Policy on this Site, you understand and agree that Fondo may disclose to third parties, on an anonymous basis, certain aggregate information based on the information you provide to Fondo and your usage of the Site. Fondo will not disclose to any third party your personally identifiable information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws, subpoena, or other legally compelled disclosure. Please see Fondo’s Privacy Policy for further details regarding the use of your personally identifiable information.

Posting and Conduct Restrictions

When you create your own personalized account, you may be able to provide User content ("User Content"). You are solely responsible for the User Content that you post, upload, link to or otherwise make available on the Site. You agree that Fondo is only acting as a passive conduit for your online distribution and publication of your User Content.

Fondo reserves the right to remove or alter any User Content from the Site at its sole discretion. The following rules pertain to User Content.

By transmitting and submitting any User Content while using the Site, you agree that you:

  1. are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  2. will not post information that is malicious, false or inaccurate;
  3. will not submit content that is subject to third party proprietary rights, including privacy, publicity, trade secret, copyright, or trademark, unless you are the owner of such rights or have the appropriate permission from its rightful owner. Fondo does not, and cannot, pre-screen or monitor all User Content. However, at its discretion, Fondo may monitor and/or record your interactions with the Site.
Digital Millennium Copyright Act

Fondo takes claims of copyright infringement seriously.

If you believe any materials on the Site infringe your copyright, please inform Fondo by sending written notice by U.S. Mail to Fondo, Inc. at 200 E 11th St, New York, NY10003 or by email to [email protected].

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your written notice must include substantially the following:

  • A reasonably detailed description of the copyrighted work(s) or other intellectual property(s) you claim has/have been infringed, or if the claim involves multiple words, a representative list of such works;
  • Identification of the specific material you believe infringes upon our rights and sufficient information to enable Fondo to locate the specific material. The DMCA only authorizes Fondo to remove or disable access to specific infringing materials. We are not authorized to generally disable access to non-infringing materials;
  • The following statements or equivalent:
    • "I swear, under penalty of perjury, that the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
    • I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
  • Your company name (if any), your legal name (printed), mailing address, and phone number, and, if available, an email address; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Upon Fondo’s receipt of a valid, complete takedown notice, Fondo shall (i) remove or disable access to the specific allegedly-infringing material identified in the notice, and (ii) take reasonable steps to contact the author(s) or other sources of the material.

If Fondo removes or disables access to material as a result of a takedown notice, the person or entity supplying such material may instruct Fondo to restore such material by providing a counter-notification to Fondo. Upon receipt of a counter-notification, Fondo shall send a copy of the counter-notification to the original complaining party and inform such party that Fondo shall replace or restore access to the material within no less than 10 but no more than 14 days unless Fondo receives official notice from the complaining party that it has filed an action seeking a court order.

Children Under the Age of 13

The safety and privacy of children is very important to us. We are committed to comply with the requirements of all federal and state laws, including the Children's Online Privacy Protection Act of 1998 ("COPPA"). For more information about COPPA, please visit the Federal Trade Commission's COPPA website.

This Site is not intended for children under the age of 13. Fondo will not knowingly register or otherwise collect personally identifiable information from persons who identify themselves as being under the age of 13 during the registration process. Further information is available in our Privacy Policy.

Termination and Account Cancellation

Fondo reserves the right to revoke your access to and use of the Site at any time, with or without cause. If you breach any of these Terms, Fondo will have the right to suspend or disable your account, at its sole discretion and without prior notice to you. You may cancel your Account at any time by accessing your My Account. Once you are in your My Account page, select "Deactivate Profile" and select "yes" to confirm that you would like to delete your account.

Disclaimers

Your use of the Site, the Site content, and any use of the Service or items obtained through the Site are at your own risk. the Site, the Site content, and any use of the Service or items obtained through the Site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied. Without limiting the foregoing, Fondo explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

Fondo makes no warranty that the Site or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Fondo makes no warranty regarding the quality of any service or site content obtained through the Site or services or the accuracy, timeliness, truthfulness, completeness or reliability of any site content obtained through the Site or the Service.

No advice or information, whether oral or written, obtained from Fondo or through the Site or Site content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site or the Services. You understand that Fondo does not screen or inquire into the background of any users of the Site, nor does Fondo make any attempt to verify the statements of users of the Site or the Service.

Fondo makes no representations or warranties as to the conduct of users of the Site or the Service or their compatibility with any current or future users of the Site. You agree to take reasonable precautions in all communications and interactions with other users of the Site and with other persons with whom you communicate or interact as a result of your use of the Site particularly if you decide to meet offline or in person.

Indemnity

You agree to defend, indemnify, and hold Fondo, its officers, directors, employees, licensors, service providers and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or your violation of these Terms including, without limitation, any use of the Site Content, the Service or your use of any information obtained from the Site.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, the Service and site content remains with you.

Neither Fondo nor any other party involved in creating, producing, or delivering the Site or the Service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the Site, the Service, site content, or from any communications, interactions or meetings with other users of the Site, or the Service or other persons with whom you communicate or interact as a result of your use of the Site or the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fondo has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Fondo aggregate liability arising out of or in connection with these terms or from the use of or inability to use the Site, the Service or site content exceeding one hundred dollars ($100).

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Fondo and you.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Fondo used herein are trademarks or registered trademarks of Fondo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflicts of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms and the Privacy Policy constitute the entire and exclusive understanding and agreement between Fondo and you regarding use of the Site, the Service and/or the Site Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fondo and you regarding the Site.

Assignment

These Terms are personal to you and your use of the Site and may not be transferred or assigned to anyone. Fondo may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assignees.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Fondo (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Links to Other Websites

the Site may contain links to other websites operated by third parties. Such links are provided for your convenience only, and if you access any other websites linked to the Site, you do so at your own risk.

Fondo is not responsible for the content of any such websites, or the products and services sold on them, nor is Fondo responsible or liable for any loss or damage that may arise from your use of such websites.

When you visit a linked website you should read the terms of use and privacy policy that govern that particular website. Links to other websites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such websites.

General

The failure of Fondo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fondo.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Fondo

If you have any questions about these Terms or any questions, complaints or claims, please contact us at:

Email: [email protected]

Address: Fondo, Inc., 200 E 11th St, New York, NY 10003

Privacy Policy

Last Updated: August 2019

Version: 1.0

Fondo, Inc. ("Fondo") is committed to respecting the privacy of its users. We strive to provide a safe, secure online experience. This Privacy Policy sets forth the online data collection, usage, maintenance, disclosure and protection policies and practices that apply when personal information is disclosed in connection with the itsfondo.com website and applications (together: "Site") and the Services provided through it, such as our Fondo platform ("Services"). We are not responsible for the privacy policies or practices of other websites to which links are included on this Site.

Consent and Revisions to this Privacy Policy

We may revise this Privacy Policy from time to time as we add new features or as laws change that may affect our Site or Services. If we make material changes to this Privacy Policy, we will let you know in an appropriate manner and we will post a new version number at the beginning of this Privacy Policy, consisting of the date (year and month) the Privacy Policy was last revised, so that you will be able to tell when the Privacy Policy was last changed.

What Information is Collected

We collect and process personal information about you when you interact with us and our Services. Such information may include:

  • Your name, email address, username and password;
  • Your career and/or education history and other information you entered into your User profile ("Fondo Profile"), and how you use our Services;
  • Your marketing preferences, including any consents you have given us; and
  • Information related to the browser or device you use to access our Site.

Most personal information you provide to us is voluntary, unless indicated otherwise. An example of an area on the Site where we collect data are pages where you can open a Fondo account. Only you can modify your own personal Fondo Profile once it has been created. You may request deletion of your Fondo Profile from our database at any time by emailing [email protected].

We may combine the information we collect with publicly available information and information we receive from our parent, affiliate, or subsidiary companies, business partners, and other third parties.

We may use that combined information to enhance and personalize your experience with us, to communicate with you about products, services, and events that may be of interest to you, for promotional purposes, and for other purposes described in this Privacy Policy.

In addition, if you access and use the Site or the Services on a mobile device and your mobile device's settings allow it, we may collect information about your real-time location.

If you access our Services using a mobile device, you may adjust the settings on your mobile device to allow or prevent the sharing of location information. For example, you can disable "Location" (or "Location Services" on iOS-based devices) on your mobile device to prevent sharing your location information with us. Please refer to the instructions provided by your mobile service provider or the manufacturer of your mobile device to learn how to adjust your mobile device settings. Please note that if you disable the sharing of location information, you may be unable to access some features of our Services that are designed for mobile devices.

We may enable you to log into the Services using a social media account, and if you do so you may be asked to grant us access to certain information from your social media profile, such as your public profile, birthday, current city, and e-mail address.

Social media networks operate independently from Fondo, and we are not responsible for social media networks' interfaces or privacy or security practices. Please refer to the privacy settings of the applicable social media platform or application to determine how you may manage the interactivity between the Site and your social media account.

How Information Is Used

We process your personal information for the following purposes:

  • As required to provide you with our Services and establish and fulfill our contract with you. This may include verifying your identity, communicating with you and providing customer services;
  • As required by us to enable our business and pursue our legitimate interests, in particular:
    • we monitor the use of our Site and Services, and may use your information to help us monitor, improve and protect our products, content, services and websites, both online and offline;
    • we may use information you provide to personalize our Site and Services for you;
    • we may monitor our Services to prevent, investigate and/or report fraud, misrepresentation, security incidents or crime, in accordance with applicable laws;
    • we may use information you provide to investigate any complaints received from you or from others; and
    • we may use your information to invite you to take part in market research
  • As required for compliance with applicable laws and protection of Fondo's legitimate business interests and legal rights, including, but not limited to, use in connection with legal claims, compliance, regulatory, investigative purposes (including disclosure of such information in connection with legal process or litigation).

In addition, and where needed with your consent, we may send you messages in relation to our products and services, for example to send notifications about new features. You can opt-out of such messages by following the instructions in the communication.

Non-Personally Identifiable Anonymous Information

Where possible, the Fondo servers automatically recognize each User's Internet Protocol address. Also, aggregate information about Fondo Users is routinely gathered for purposes of identifying the use of itsfondo.com, including information such as what pages are being visited most, what domains our visitors are coming from, when our servers are busiest, and what websites are referring Users to us and aggregated data for purposes of analysis and learning and training. This information helps us to improve our services and to evaluate our marketing efforts.

We only use such data anonymously and aggregately. This information may be shared with third parties, but only in the aggregate. The treatment of non-personally identifiable information is subject to change in accordance with the then-applicable law. Fondo owns all rights in and to this anonymous and aggregated data.

Sharing Information with Third Parties and International Transfer

If necessary for the purposes set out in this Privacy Policy we can share your information with other Fondo entities or third-party service providers, for example email and hosting providers, payment processing providers, customer management providers and marketing providers.

Such third-party service providers will process your information on behalf of Fondo and for the purposes listed above. When we share your data with these parties, we make sure that appropriate safeguards are taken to protect your information.

As we are a global company headquartered in the United States, we handle data transfers to and from countries with differing levels of protection requirements for personal information. We have taken various measures to ensure adequate protection of such transfers. These safeguards include:

If you would like to learn more about these safeguards, our contact details are listed near the end of this document.

We reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

We may also share your data with other third parties, such as governmental authorities or law enforcement officials, if we are required by law to do so or if this is for the protection of our legitimate interests and/or legal rights.

Rights of Access, Deletion and Other Rights

We provide you with access to your information through your Fondo Profile, where you can access, update, amend or correct inaccuracies on information provided in your Fondo Profile. From each Fondo account, you may also opt out of receiving newsletters and certain other correspondence from Fondo.

If you wish to deactivate your Fondo Profile, you can do so in your My Account. Once you have arrived at the My Account page, you can select "Deactivate Profile" and select "yes" to confirm that you would like to deactivate your account.

In addition to the above, you are entitled to contact us via the contact details below and ask us for an overview or copy of your personal information, to correct or delete certain data or restrict processing of your data. In some cases, you may object to the processing of your information and where we have asked you for your consent to process personal information, you can withdraw your consent at any time.

Please note that the rights described above are not absolute, and that your request cannot always be met entirely. For example, sometimes we cannot delete or restrict the processing of your information as we may have legal obligations or contractual obligations to keep certain information.

How Long We Retain Your Data

During which time you have a Fondo Profile, we will keep your information for the duration of your use of our Services, and, to the extent permitted, after the end of that relationship for as long as necessary to perform the purposes set out in this notice.

Laws may require us to hold certain information for specific periods. In other cases, we may retain data for an appropriate period after any relationship with you ends to protect ourselves from legal claims, or to administer our business.

Children Under 13 Years of Age

Fondo does not intend to collect information from children under the age of 13 or knowingly allow those individuals to create profiles. All Fondo Profiles stored are for Users ages 13 or older. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information.

If you believe we might have any information from or about a child under the age of 13, please contact us at [email protected].

Fondo's use of Cookies and Similar Technologies

Like most websites, Fondo uses cookies and other similar technologies, such as local storage, to provide a better user experience. These cookies are safe and secure, and do not contain sensitive information.

Information Protection and Security

When you submit information to Fondo we do our utmost to ensure that information is protected against loss, misuse, alteration, destruction or unauthorized access. Fondo uses standard encryption tools such as SSL (Secure Socket Layer) to help protect personal information and to keep information collected secure. The privacy policies of linked sites may differ from those of Fondo. Fondo is not responsible for any loss or misuse of your username and password.

Contact Details

If you have any questions about this Privacy Policy or any questions, complaints or claims, please contact us at:

Email: [email protected]

Address: 200 E 11th Street, New York, NY 10003

Should you have unresolved concerns, you have the right to lodge a complaint with your local data protection authority.